Lorrey: Offenders go free too easily

LOWELL -- An Aug. 21 sweep of prostitution activity in the city resulted in 20 arrests, including charges against seven men for soliciting sex.

But as a follow-up Sun report noted, all seven men had their cases dismissed after paying court fines. The dismissals came against the objections of the Middlesex District Attorney's Office.

When City Councilor Marty Lorrey read the news, he says he was upset that the accused did not face greater consequences.

"Sometimes it seems like the judges think they can just release people into the cities because they expect these things happen in the cities," Lorrey said. "If you had something similar happen in Westford or Lexington, would the johns be released after just paying a fine?"

Lorrey said he feels the problem of lenient judges is not just limited to city sex-crime cases, but also extends to other crimes committed in Lowell. The result is repeat offenders quickly back on the streets and hurting the city's neighborhoods, he said.

In response, Lorrey filed and had approved by the full council a motion calling on City Manager Bernie Lynch to have the proper department develop a statement the city could deliver to judges about the impact of different crimes, including drug crimes, on the integrity of city neighborhoods.

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The statement, which would outline both the social and economic impact of certain crimes, could be presented to courts and judges during penalty, bail and judgment considerations.

Lorrey said he would like the city to deliver its statement to all local courts handling crimes committed in the city in hopes judges would consider the neighborhood impacts when handling different cases.

"Who is better to educate the judges than the city itself?" said Lorrey.

"I hope this leads to judges holding people on bail and being stricter with their sentencing and fines. If the judges hit people harder, maybe those people won't come to Lowell to commit crimes anymore."

The city's neighborhood groups should also feel welcome to send along impact statements, said Lorrey.

Councilor Rita Mercier said she supported Lorrey's motion because she wants to see judges be tougher with lawbreakers in the city, especially those accused of sex crimes. Prostitution activity is "a sore on the city" which she would like to see stopped.

"The judges seem like they are oblivious to the impact it has on the city," Mercier said. "I understand where Marty is coming from."

The city administration has yet to formally respond to Lorrey's motion, which was approved in early December. Lynch did not respond to a request for comment Monday.

Lorrey plans to raise the topic at the council's meeting on Tuesday, Jan. 8.

Whether the city would be able to provide to judges the type of statement Lorrey is seeking will have to be determined. It is unclear if a city could be designated as a "victim" in cases where it is not a party.

State law allows victims to provide an oral or written statement before sentencing or the disposition of a case. Victims can also be heard at "any other time deemed appropriate by the court," according to state law.

Middlesex District Attorney Gerard Leone said in a statement that he believes it is important that all interested or affected parties directly impacted by a crime, whether they are persons or entities, have a right to be heard so a court can be well-informed before sentencing. But he also said legislative action may be needed so that the city could be heard.

"There are several situations and scenarios in which the city, and its neighborhoods, are impacted and affected strongly by certain types of crimes such that they deserve to have their voices heard," Leone said.

"Offering that opportunity is our practice at the Middlesex District Attorney's Office, but compelling the courts to follow such a resolution would likely require legislative action, including but not limited to the Massachusetts Victim Rights Act, to address the scope of the definition of a victim under our current legislation."

Roland Milliard, a defense attorney based in Dracut, said he thinks the city will have a hard time having any victim statements it develops accepted by local courts, because in cases such about alleged drug of sex crimes, the city is not a direct victim.

"I can't see where they would be able to make that case that they are the victim," Milliard said.

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